Posted on 07/29/2007 7:51:31 PM PDT by BlackVeil
RELATIONSHIPS between academic staff and students can be a minefield, as a gay male university tutor who turned down a movie date with a female student has discovered.
Peter Gauci, a former University of Queensland tutor, has won a two-year battle to appeal against a federal magistrate's decision that he was not the victim of sexual harassment by a student.
Mr Gauci was working as a first year tutorial co-ordinator in the university's psychology department when he met Cristelle Kennedy, a social work student, in 2002. As part of his job, he sometimes met Ms Kennedy to review her exam papers, or process her requests for extensions to assignments.
After one such meeting, she told him he had "really nice eyes". Unnerved by this comment, Mr Gauci immediately reported it to his supervisor, who advised him to keep a record.
He subsequently twice accepted Ms Kennedy's invitation to have coffee, and went for lunch with her once. After this lunch in 2003, she followed him back to the psychology building and asked him if he wanted to get a tattoo with her. Mr Gauci declined, but agreed to see a movie. "I was frankly too stunned to say anything other than OK," he told the Federal Magistrates Court in Brisbane.
But on the afternoon of the day they were supposed to go to the movies, Mr Gauci cancelled via email. "I don't feel good about seeing a movie with you," he wrote. "For me it's unusual for a student to throw this at me [asking him to be friends] and the whole situation is just uncomfortable … You're probably a nice person, but we can't be friends. Please don't persist with this."
Ms Kennedy wrote back saying it was Mr Gauci's own insecurities that made him feel uncomfortable. "I'm not asking a lot of you. If I wanted to 'jump you' I would have done it a lot sooner than this … As for persisting, well I'm not one to go down without a fight. If I wanted to make your life hell I could."
Mr Gauci copied his supervisor, Judy Bowey, in on his response. "I've asked you not to pursue this. It's a simple fact of life that people have different personalities and they're not all suited to be friends with each other," he said. "I'm sorry that it's come to this - but I have to inform you that professionally, you have no reason to see me in the workplace … you've no reason to make any contact with me and if you do again I will consider it harassment."
Although Mr Gauci said he was gay, and provided evidence that Ms Kennedy had been the aggressor, Dr Bowey told him he had not been harassed.
Instead she "felt he had been insensitive in effectively jilting Ms Kennedy by email", and suggested he write a letter of apology. Mr Gauci complied on May 9, 2003.
Ten days later Ms Kennedy made a sexual harassment complaint against Mr Gauci to the university. Within days, Mr Gauci lodged a complaint against her. He also lodged a complaint with the Anti-Discrimination Board of Queensland.
On July 16, 2003, Ms Kennedy withdrew her complaint. Mr Gauci persisted with his, and when he was not satisfied with the university's handling of the matter he sued the university and Ms Kennedy for breaches of the Sexual Discrimination Act.
In October 2005, Justice Jarrett in the Federal Magistrates Court found there were "no facts that would or could amount to sexual harassment by [Ms Kennedy] of [Mr Gauci]". This month, Justice Collier in the Federal Court in Brisbane granted Mr Gauci leave to appeal.
Mr Gauci and Ms Kennedy could not be contacted. The university declined to comment.
Oh, come on, people!!! If the homosexual had been tutoring a cute guy who did the same things this chick did, the homo tutor would have had it in the bag. He just didn’t like who was going after him.
So this means we won’t be tatooing each other’s names on our bodies? And this is how you let me find out - an article on FR?
That’s it. I’m bringing out the big guns now. I won’t be ducking out of sight when you peek out past the curtains! :-D
This scenario is very similar to David Mamet’s movie White Oleander starring Bill Macy.
You have something against branding irons?
Oh, well, now that you put it that way...!
Cristelle, the girl with no gay-dar.
I’m an incurable romantic.
Thou hast burned thine mark upon my very ... soul.
LOL!
Seared - SEARED! - into my memory...
wow!
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